UKBA: Late submission of applications

4 August 2012

As of 9th July 2012, applicants seeking further leave to remain or settlement in the UK as a family member will be refused if they have overstayed in the UK for 28 days or more.

Under the current rules, applicants who overstay their visa by 28 days or more are subject to a re-entry ban. An applicant who seeks entry clearance to the UK and are subject to a re-entry ban will automatically be refused their visa with the exception to applications made under the UK family visa route.

The length of a ban varies with the most common being 1 year or 10 years. Applicants who are deported from the UK will generally face a 10 year ban. Entry bans will also take into consideration if the application left the UK at their own expense or at public expense, or whether the migrant used deception.

Under the new rules changes to the UK immigration rules will mean that the entry ban will only apply to migrants who overstay their visa by more than 90 days. Further, as of 1 October 2012 all applicants who overstay their UK visa by 28 days will be refused under the work and study routes in the UK to bring it inline with the current rules.